LSTD Exam 2

STUDY

PLAY

A federal form of government is one in which sovereign power is vested entirely in a central governing authority

True

The state governments retains all powers not specifically delegated to the states

True

When there is a direct conflict between a federal and a state law, the state law is rendered invalid

False

The Bill of Rights confers absolute rights, not subject to interpretation by the United States Supreme Court

False

Any law that distinguishes between or among individuals violates the equal protection clause

True

State administrative regulations may regulate areas not covered by federal rules

True

The federal trade commission is an independent regulatory agecny

True

Congress may delegate some of its authority to administrative agencies

True

Administrative agencies may be required to show that information requested during the course of an investigation is relevant

True

Congress can review new federal regulations before they take effect

Police powers

The state of New York regulates private activities to protect or promote the public order, health safety, and general welfare under its

The state government and the federal government

Fred, the president of Good Retail corporation, claims that certain actions by the federal government and the state of Hawaii infringe on rights guaranteed by the Bill of Rights. Most of these rights limit

An unconsitutional restriction of speech

Minnesota enacts a statute to ban advertising in "bad tatse" This statute would likely be held by a court to be

Unreasonable searches only

The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers. Dave confesses to a crime and implicates his friends the consitution protects agaisnt

Unconsitutional under the due process clause

South Carolina enacts a stattute to impose a prison term with out a trial, on all street vendors who operate in certain areas. A court would likely hold this to be

The promulgation of a regulation by an administrative agency

Most federal administrative agencies, like the food and drug administration are usually created following

Amend the administrative procedure act to streamline proceedings

The federal communications commission(FCC) plans to adopt new regulation to govern internet based on phone services. Before drafting the regulations the FCC may not

False

The federal government retains all powers not specifically delegated to the states

False

When state regulations impinge on interstate commerce, commerce must yield to the regulations, no matter how heavy the burden placed on commerce

True

Some consitutional protections apply to business entities

True

A government law that restricts a fundamental right will be held to violate substantive due process unless it promotes a compelling or overriding state interest.

False

The terms "substantive due process" and "equal protection" mean the same thing.

False

Enabling legislation is passed by an administrative agency before it begins any regulatory activites

False

Administrative rules are not binding as the laws that Congress enacts

True

Notice and comment rule making is the most common rule making process used by administrative agencies

False

An administrative law judge rules only on questions of face, not questions of law

True

The prioprity among conflicting federal and state laws is based on the supremacy clause of the US consitution

Imposes a substantial burden on interstate commerce

Tom files a suit against the state of Utah, claiming that a Utah State law violates the commerce clause. The court will agree if the statute

Unconsitutioal under the 1st Amendement

The Baytown city council enacts an ordinance that bans the distribution of all printed materials on city streets. A court would likely hold that this law is

A crime

Xtreme Publications Inc. disseminates obscene materials. Under numberous state and federal statues, this is

procedures used in making decisions to take life, liberity, or property

Many claims that a Nebraska state statue infringes on her "procedural due process" rights. This claims focuses on

Consititutional under the equal protection clause

Urban city enacts an ordinance to allow only a few street vendors to operate in certain areas for the purpose of reducing traffic. A court would likely hold this to be

Binding as a law passed by Congress

The Merit Systems Protection Board issues a rule, like other administrative agencies legislative rules or substantive rules, this rule is as

Appeal to the commission that governs the agency

Blaster Company, a fireworks manufacturer is charged with having made products with gunpowder, charges many times greater than that allowed by the National Safety Agency. The administrative law judge orders Blaster to stop making its super charged fireworks. Blaster may

The government-in-the-Sunshine Act

With some exceptions, every portion of every meeting of the Federal Communications Commission and other federal administrative agencies must open to public observation under

the IRS

The IRS is a federal agency. The state department of Taxation and finance (DTF) is a state agency. The county revenue department (CRD) is a local agency. If the actions of these agencies conflict, the actions that will prevail are those of

In the Federal Register

To notify the public of a proposed rule, the Nuclear Regulatory Commission, like other federal agencies, publishes it